November 2023

44decisions
  1. 01G.R. 254764Playinn, Inc. v. Prudential Guarantee and Assurance, IncA surety that issues a performance bond for a construction contract is bound by the construction arbitration clause, but a writ of execution cannot make it liable for more than what the final award says.
  2. 02A.C. 13789(Formerly Cbd Case No. 19-6041) Fadi Hasan Mahmoud Shumali v. Atty. James Bryan O. AgustinA lawyer cannot hold on to a client's passport to pressure for unpaid legal fees, because a passport is not the client's property to be subject to a lawyer's lien.
  3. 03A.C. 11026Dauin Point Land Corp., Represented by Ralph Gavin Hughes Atty. Richard R. Enojo, Provincial Legal Officer, Province of Negros OrientalA government lawyer who uses his office letterhead and legal opinions to push his own private claim over a piece of land commits gross misconduct and can be suspended and fined.
  4. 04G.R. 241844(Formerly Udk 16236) Ethyl Huiso Ebal & Her Minor Child, on Behalf of the Deceased Edville Cliano Beltran v. Thenamaris Philippines, Inc., Narcissus Enterprises S.a., Gregorio F. Ortega, President & All Corporate Officers and Directors, and the Ship, M/t Seacross Thenamaris Philippines, Inc., Narcissus Enterprises S.a., Captain Christopher Abuy, and Captain William Magallanes Vs. Ju-Ann Beltran and Jhun Ville Beltran, as Wife/child & Heirs of Edville BeltranWhen a seafarer dies of an illness not listed as occupational, the law presumes it is work-related, and the employer must prove it was not.
  5. 05G.R. 262812The People of the Philippines v. XxxA person cannot be convicted of the more serious crime of qualified rape when the charge says the victim's father committed it but the proof shows he is her stepfather, so he is convicted of simple rape instead.
  6. 06A.C. 11795Gilda J. Rosca v. Atty. Michael John C. DelmendoA government lawyer who took millions of pesos from a private person by promising to speed up a land title, and used fake documents to do it, was disbarred.
  7. 07G.R. 258316People of the Philippines v. Norberto Verdadero y PimentelIn a drug case, police must mark the seized drugs right away at the place of arrest, and failing to do so without a good reason breaks the chain of custody and leads to acquittal.
  8. 08G.R. 262732People of the Philippines v. Mongcao Basaula Sabino a.k.a. "Mongkao Basaola Sabino" a.k.a. "Salik" and Saima Diambangan MipandongDrug agents may do the inventory of seized drugs at their office instead of the arrest site if there is a good reason, and the drugs' identity is still protected.
  9. 09G.R. 263553People of the Philippines v. Xxx263553When a grandfather rapes his minor granddaughter, his moral authority over her takes the place of force or threats, and his own admission in court that she is his granddaughter is enough to prove the family relationship.
  10. 10A.M. SCC-23-002-JLita G. Ong-Thomas v. Hon. Montano K. Kalimpo, Presiding Judge (Now Retired), Shari'Ah Circuit Court, Cotabato City, Sultan Kudarat, Maguindanao, and Mohammad a. Abdulrahman, Clerk of Court II, Same CourtCourt personnel who answer serious accusations with bare denials instead of documents, and who let cases sit idle, can be fined even when the accusation of conspiracy is not proven.
  11. 11G.R. 253199Raul F. Macalino v. Commission on AuditA candidate who lost an election cannot be given any government job within one year, even under a contract of service, and the pay he received must be returned.
  12. 12A.C. 11093Lucrecia Q. Mamugay, and Perfecto O. Saliga, Sr. v. Atty. Elmer dela RosaA lawyer who sold his clients' land without their consent and notarized a document supposedly signed by people who were already dead is disbarred, and even if he was already disbarred the penalty is still recorded and he is fined.
  13. 13G.R. 212330Estate of Ferdinand E. Marcos v. Republic of the Philippines Estate of Ferdinand E. Marcos Vs. Presidential Commission on Good Government and Philippine Tourism AuthorityThe Sandiganbayan, the anti-graft court, can decide whether a lease over land alleged to be ill-gotten wealth is valid, and the Court declared the 1978 lease between Ferdinand Marcos, Sr. and the Philippine Tourism Authority void because he did not own the land and had a forbidden financial interest in it.
  14. 14G.R. 194897Substituted Heirs of Jaime S.t. Valiente, Represented by Attorney-in­-Fact, Cyril a. Valiente v. Virginia a. Valiente, Rizaardo a. Valiente, Potenciana a. Valiente, Berenice a. Valiente, Visferdo a. Valiente, and Corazon a. ValienteHeirs who wait decades to ask for partition, and cannot prove their claims, lose their case, while a notarized deed of sale is presumed genuine unless forgery is clearly proven.
  15. 15G.R. 256939Janssen D. Perez v. Jp Morgan Chase Bank N.a. – Philippine Global Service CenterAn employee who joins in profane, lewd chats with coworkers on company tools during office hours, and sends company information to a personal email in violation of company rules, can be validly dismissed for serious misconduct.
  16. 16G.R. 220087Hacienda San Isidro/silos Farms and Rey Silos Llamado v. Lucito Villaruel and Helen VillaruelA seasonal farm worker hired repeatedly for the same work over more than one season is a regular employee, even if she is paid per task or is free to work for others.
  17. 17G.R. 265117Antonio Abiang y Cabonce v. People of the PhilippinesEvidence taken in a search is thrown out, and the accused goes free, when the search warrant has no record showing the judge found probable cause.
  18. 18G.R. 262520People of the Philippines v. XxxRape of a minor by the common-law partner of her mother is qualified rape when the charge sheet states the girl's age and that relationship and both are proven.
  19. 19G.R. 264192People of the Philippines v. Rebecca S. TiotangcoIn a criminal tax case, the court must also decide how much tax the accused owes, even if the tax bureau never issued a valid final assessment.
  20. 20G.R. 188655Next Mobile, Inc. v. National Telecommunications Commission Next Mobile, Inc. Vs. National Telecommunications Commission Express Telecommunications Co. Inc.-in-Intervention. National Telecommunications Commission Express Telecommunications Co. Inc.-in-Intervention. Vs. Bayan Telecommunications, Inc. Multi-Media Telephony, Inc. Vs. Pacific Wireless, Inc., Connectivity Unlimited Resource Enterprise, Inc., Az Communications, Inc., Next Mobile Inc., Smart Communications, Inc., Globe Telecommunications, Inc., Bayan Telecommunications, Inc., Digitel Mobile Philippines, Inc., Capitol Wireless, Inc., and National Telecommunications Commission Express Telecommunications Co. Inc.-in-InterventionThe National Telecommunications Commission (NTC) may use a points system to rank applicants for 3G radio frequencies, and courts will not overturn its technical findings unless there is a very clear showing of serious violation of law, fraud, personal malice or wanton oppression.
  21. 21G.R. 261422(Formerly Udk-17206) Aaa261422, a Minor and Represented by Yyy261422 v. Xxx261422An acquittal that ignores the victim's evidence and rests on guesswork denies due process and is void, so a child victim could challenge it on her own and the accused was convicted.
  22. 22G.R. 260504(Formerly Udk 17607) Xxx260504 v. Aaa260504A father acquitted of a VAWC charge for withholding child support because of reasonable doubt can still be made to pay support in the same case, but only after he has been allowed to present evidence on it.
  23. 23G.R. 262889Sps. Buenaventura Balucan, Jr. and Yolanda y. Balucan, Ruth M. Cabusas, Gemma Barcelona and Myann Balucan v. Sps. Lennie B. Nageli and Rudolf Nageli, Represented by Their Attorneys-in-Fact, Sps. Eppie B. Fadrigo and Teodorico FadrigoOnly people with a real stake, such as possible farmer-beneficiaries, can ask the DAR to disqualify agrarian reform beneficiaries, so a complaint by outsiders claiming to be landowners cannot stand.
  24. 24G.R. 265373Province of Maguindanao del Norte, Represented by Its Governor Fatima Ainee Limbona Sinsuat v. Bureau of Local Government Finance, Regional Office No. Xii, Represented by Its Acting Regional Director June Ann C. Abella; Bureau of Local Government Finance, Central Office, Represented by Oic Executive Director Ma. Pamela P. Quizon; Ministry of the Interior and Local Government, Represented by Minister Naguib G. Sinarimbo, Bangsamoro Autonomous Region in Muslim MindanaoA person who accepts a different government post and takes an oath for it gives up her claim to the first post, which makes a case about that claim moot.
  25. 25G.R. 265439People of the Philippines v. Xxx265439A 17-year-old who raped his nine-year-old niece is guilty of statutory rape and not the qualified form, because the charge did not state the exact family relationship, and he is guilty of two counts, not three, since the two acts on one day were not separate.
  26. 26G.R. 256759Xxx v. People of the PhilippinesA husband who fails to give enough money for his family is not guilty of causing psychological violence under the anti-violence law unless it is proven that he deliberately withheld support in order to cause his wife or children mental or emotional suffering.
  27. 27G.R. 263449Xxx,* v. People of the PhilippinesA husband who abandons his wife without explanation can be convicted of causing her psychological violence under R.A. 9262, because abandonment naturally causes emotional suffering to a spouse he is obliged to live with and support.
  28. 28A.C. 11710Wilfredo B. Reyes v. Atty. Sherwin Prose C. CastañedaA lawyer cannot be disciplined for charges that the complainant fails to prove with admissible evidence, and he cannot be punished for ignoring orders he never received, though he can still be fined for ignoring the Court's own order.
  29. 29G.R. 255286Civil Service Commission v. Epifany AlonzoThe Civil Service Commission can still go after a government employee who lies about his qualifications to get a promotion even if his own agency already cleared him, but it must prove the lie with enough evidence.
  30. 30G.R. 259868Manis Shipping Pte. Ltd. v. Century Peak CorporationA foreign company that wants Philippine courts to enforce an arbitral award must attach an authentic or original copy of the arbitration agreement and the award, and without them the court has no power to act on the petition.
  31. 31G.R. 259877Arturo Peralta y Villanueva v. People of the PhilippinesA court sheriff who demands money from a person before returning his car, as a condition of carrying out a court order, commits robbery by intimidation.
  32. 32A.C. 11428Maria Brozas-Garri,* v. Atty. Lorenzo a. ReagoA lawyer who notarizes a document without the signer being present, especially one bearing a forged signature, can be suspended and barred from being a notary public.
  33. 33G.R. 256393Nueva Ecija II Electric Coop., Inc. (Neeco Area II), Represented by Its General Manager, Ramon M. de Vera v. Wilfredo S. PalmaA regular court cannot stop a labor arbiter's levy on property through a petition for declaratory relief; the property buyer must file a third-party claim with the labor arbiter.
  34. 34G.R. 242489Asian Transmission Corporation v. Commissioner of Internal Revenue Commissioner of Internal Revenue Vs. Asian Transmission CorporationWhen the tax bureau cannot identify which employees received unreported pay, it must use the company's effective tax rate rather than the top 32% rate, and a compromise penalty cannot be imposed on a taxpayer who never agreed to one.
  35. 35G.R. 253355Davidson Go v. Spouses Henry and Janet KoPeople who bought a property but have not yet put the title in their name can still redeem it after a tax auction by paying within one year, even without showing proof of ownership to the treasurer.
  36. 36G.R. 257235Urduja Ortiz-Aquino v. Letecia* Ortillo, Lisette Ortillo, and Sheriff of the Office of the Provincial Sheriff of Lingayen, PangasinanA family home cannot be built on land owned by someone else, and the family home exemption protects only against sale to pay money debts, not against a final order to give back possession of land.
  37. 37G.R. 227932Mindanao II Geothermal Partnership v. Commissioner of Internal RevenueA dissolving partnership that has stopped operating can claim a refund of excess withheld income tax without first filing a short period tax return or getting a tax clearance.
  38. 38G.R. 252186Auxilia, Inc. v. Nelyn Carpio MesinaA company cannot call a worker a corporate officer, and so avoid the labor courts, unless it proves she was actually elected to an office created by the law or its by-laws.
  39. 39G.R. 254248Virgilio a. Taok v. Supremido Conde and Raul CondeA buyer who does not pay the price of land for over two years commits a serious breach, and a claim of a verbal change to a written deal cannot be used unless it is properly raised in the pleadings.
  40. 40G.R. 265272People of Philippines v. ZzzA child victim's clear and consistent testimony, backed by other evidence, can convict a father of raping and sexually abusing his daughter, and small differences between her affidavit and her court testimony do not make her unbelievable.
  41. 41G.R. 259832Rodco Consultancy and Maritime Services Corporation Herein Represented by Froilan G. Clemente, Jr. v. Floserfino G. Ross and Antonia T. RossA company that funds a seafarer's claim in exchange for a share of the proceeds, with no fixed amount, makes a void champertous agreement and cannot collect on it.
  42. 42G.R. 229190Manuel G. Suniga, Jr. and Anastacia D. Suniga v. Rolando Molina, Ma. Ritchialyn Leodones, Leonardo de Guzman, and Froilan AlejandriaA criminal case for large scale illegal recruitment must be dismissed when the government takes more than twelve years to file it after the complaints, violating the accused's right to a speedy disposition of their case.
  43. 43G.R. 223270Lacoste S.a. v. Crocodile International Pte LtdLacoste's crocodile logo and Crocodile International's crocodile-and-word logo are different enough that the Supreme Court allowed Crocodile's trademark to be registered.
  44. 44G.R. 195636Spouses Dante Sj. Manzana and Sonia R. Manzana v. Republic of the PhilippinesA new law shortened the possession needed to register public land, so the Supreme Court sent this land registration case back to the trial court to apply the 20-year rule.